Commentary to article 638. The procedure for the preliminary random selection of candidates for jurors to participate in the trial The Criminal Procedure Code of the Republic of Kazakhstan
After making a decision to appoint a case to be considered by a court with the participation of jurors, the judge shall order the secretary of the court session to ensure that candidates for jurors, the number of whom is indicated in the decision, appear at the court session in order to select them for jurors.
After the appointment of the main trial, by order of the presiding judge, the secretary of the court session makes a preliminary random selection of candidates for jurors from the unified and reserve (annual) lists in the court.
The same person may not participate in court sessions as a juror more than once a year.
Upon completion of the preliminary random selection of candidates for jurors to participate in the consideration of a criminal case, a preliminary list is compiled indicating their surnames, first names, patronymics and home addresses, which is signed by the secretary of the court session.
The candidates for jurors included in the preliminary list are notified no later than seven days before the start of the trial, indicating the date and time of arrival at the court.
Citizens who have received the notification are required to appear in court to participate in the jury selection procedure.
1. Another feature of the procedure of criminal proceedings involving jurors is the preliminary random selection of candidates for jurors to participate in the consideration of a criminal case, which is conducted after the preliminary hearing and before the start of the main trial by the secretary of the court session on the order of the judge who issued the decision on the appointment of the main trial. At the same time, random sampling refers to the selection of citizens from the preliminary list of candidates for jurors using technologies that ensure the randomness of such selection (clause 8, Part 1, Article 1 of the Law "On Jurors").
The summoning of the required number of candidates for jurors to the court to participate in the consideration of cases is carried out by the secretary of the court session in accordance with the order of the presiding judge of the court considering the criminal case with the participation of jurors. Citizens are called upon to perform the duties of jurors in court no more than once during a calendar year for the entire duration of the criminal case. Persons who have been summoned to court but have not been selected to serve on the jury may be called to participate as jurors in another court session.
Citizens who have received notification of the place and time of the start of the court session are required to appear in court to participate in the jury selection procedure. Failure of a citizen to appear without valid reasons entails liability established by the Law of the Republic of Kazakhstan.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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